The following procedures shall apply to detention hearings held pursuant to this chapter:
1. The prosecuting attorney may initiate a detention hearing by ex parte written motion. Upon such motion, the district court may issue a warrant for the arrest of the person, if the person is not in custody.
2. The detention hearing shall be held immediately upon the person being brought before the district court for such hearing unless the person or the prosecuting attorney moves for a continuance. A continuance granted on motion of the person shall not exceed three calendar days. A continuance on motion of the prosecuting attorney shall be granted only upon good cause shown and shall not exceed three calendar days. The person may be detained pending the hearing.
3. The person shall be entitled to representation by counsel, including appointed counsel for indigent persons, and shall be entitled to the right of cross-examination and to present information, to testify, and to present witnesses in the person's own behalf.
4. Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the formal rules of evidence.
5. Testimony of the person given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, subject only to the following exceptions: Such testimony shall be admissible in proceedings under sections 811.2, subsection 8 and 811.8, and in perjury proceedings.
6. Unless the defendant otherwise requests in writing, the district court shall conduct the hearing as a private hearing, and any order entered shall remain confidential as to the public generally until the conclusion of the trial.
7. Appeals from orders of detention may be taken in the manner provided under section 811.2, subsection 7.
8. If the trial court issues an order of detention, it shall be accompanied by a written finding of fact and the reasons for the detention order.
9. For the purposes of such proceedings, the trial court is not divested of jurisdiction by the filing of a notice of appeal.
[C79, 81, § 812.2]
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